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BOURGUET v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO.

No. 6387.

334 P.2d 1112 (1959)

65 N.M. 207

Jeff BOURGUET, Plaintiff-Appellant, v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

January 23, 1959.

Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, Arturo Ortega, Albuquerque, for appellant.

B.G. Johnson, R.G. Cooper, Albuquerque, for appellee.

McGHEE, Justice.

On December 31, 1958, we filed an opinion, 65 N.M. 200, 334 P.2d 1107, in which we refused to dismiss the appeal in this case on jurisdictional grounds, and we now dispose of the case on its merits.

The plaintiff suffered a hernia attempting to pull in the side of a steel coal car by the use of a turnbuckle while employed by the defendant and sued to recover damages for such...

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